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Law On Social Supervision

Original Language Title: Lov om socialtilsyn

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Table of Contents
Chapter 1 Objecs, responsibilities and area
Chapter 2 Tasks of the social security services
Chapter 3 Quotations
Chapter 4 Collaboration, Supply Portal, and financing
Chapter 5 Social monitoring tasks for the social security services
Chapter 6 Entry into force and transitional provisions

Social supervision law

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

Chapter 1

Objecs, responsibilities and area

§ 1. The purpose of this law is to contribute to ensuring that the citizens are given an effort which is in line with the objectives of public and private offers, in accordance with the social services law. The objective must be achieved through a systematic, uniform, unwilling and professionally competent trade-off of the task of approving and conducting operational dissension of tenders.

Responsibility for Social Affairs

§ 2. Within each region, the municipalities have the municipalities in one of the municipalities responsible for approving and conducting business-oriented supervision of social offers, cf. § 4. The Municipal Management Board shall be referred to as a function of this law in the field of social supervision.

Paragraph 2. The local authorities in the municipalities are responsible for the task of approving and conducting business-oriented supervision of social offers, cf. § 4, which is situated within the region, cf. however, paragraph 1 FOUR :

1) Frederiksberg Municipality of the Capital of Denmark.

2) Holbæk Municipality in Region Zealand.

3) Faaborg-Midtfyn Municipality, Region of South Danmark.

4) Silkeborg Municipality in Region Midtjylland.

5) Desearring Municipality at Region Nordjylland.

Paragraph 3. In the municipalities that are responsible for the task as social supervision, cf. paragraph 2, approval of and operational disorientation of social offers, etc., shall be carried out, cf. Section 4, by one of the other social supervision :

1) The Social Welfare of the Region of Denmark is responsible for the task in Frederiksberg Municipality.

2) The social supervision at the Region Capital is the task of the Holbæk Municipality.

3) The Social Security Council in Region Zealand is responsible for the task in Corner Municipality.

4) The Social Security Council at Region Nordjylland is responsible for the task in Silkeborg Municipality.

5) The Social Welfare at Region Midtjylland is responsible for the work of the Faaborg-Midtfyn Municipality.

Paragraph 4. Private offer as referred to in section 4 (4). 1 which is operated by group or group-like constructions, falls within the social supervision of the region where the group has its main address.

Paragraph 5. Each social supervision can create one division outside the municipality when special attention is given to their geographical circumstances.

§ 3. The Social Services may be outbid

1) consultancy and training related to social security professional or social expertise for a municipality, a region or an offer, and

2) the execution of tasks following a delegation from the responsible municipal management board, cf. section 148 (a) 4, in the field of social services.

Paragraph 2. The Social Services shall, at the request of the Province Province, inform which foster families or municipal care families who, in accordance with the information provided for in the Social Fund, are suitable for meeting the needs of the Province of Province, the Province of Province, child or a young person.

Scope of application

§ 4. The social supervision approves and shall supervise operational prudential supervision of the following social offers :

1) Foster families and municipal care families, in accordance with section 66, paragraph 1. 1, no. 1 and 2, in the field of social services.

2) The day of the day, after paragraph 66, paragraph 6. 1, no. 5 and 6, section 107-110 of the Social Services Act, as well as the substance abuse processing offer, in accordance with section 101 of the Social Services Act.

3) Comments in the form of assistance and support under sections 83-87, 97, 98 and 102 of the Social Services Act, when

a) the offer shall be provided to residents of assisted living housing or similar housing in accordance with other provisions other than those referred to in paragraph 1. 2, where the citizen is searched by the municipality on residence in the dwellings, but not free-care housing,

b) the aid shall be deleted from service areas linked to the housing and the provision of a fixed staff staff,

c) the tenor of the tenants shall include a significant amount of support under Article 85 of the Social Services Act ; and

d) the target group of the offer is the persons resident in the dwelling due to a reduced physical or mental capacity or specific social problems.

Paragraph 2. The Social Security Council shall decide whether or not the specific offer is subject to approval and disorientation after paragraph 1. 1, no. 3, or supervision by section 151 of the Social Services Act.

Chapter 2

Tasks of the social security services

Approval

§ 5. The Social Affairs Committee shall take a decision on approval as a general suitable for social offer, etc., as well as in accordance with. Section 4, on the basis of an assessment of whether the tender overall meets the conditions of approval, cf. § § 6 and 12-18.

Paragraph 2. Authorisation pursuant to paragraph 1. 1 is a condition for the tender to be part of the local authority supply, cf. Section 4 (4). 3, in the field of social services.

Paragraph 3. The Social Affairs Committee may decide, when special reasons are, to make decisions that the non-approved offer that the municipal management board has been searched for for a period of up to three weeks shall be decided by the local authorities in the event of an emergency. Section 4 (4). 4, in the Social Services Act, may be used for another three weeks.

Paragraph 4. The Social Security Commission may, in connection with the approval provided for in paragraph 1 1 setting conditions, the fulfillment of which is a condition for continued approval. The Social Affairs Committee may assign deadlines to a term.

Paragraph 5. The Social Affairs Committee may decide to end the acceptance of an offer if the tender no longer meets the conditions for approval, cf. § 6.

Paragraph 6. The approval shall be suspended if the offer has not been used for the purpose of the approved purpose of a consecutive period of two years, three years for care families and municipal foster families, cf. § 66, paragraph. 1, no. 1 and 2, in the field of social services.

Paragraph 7. In the context of the approval of foster families and municipal foster families, in accordance with the approval of the care and social security services, § 66, paragraph. 1, no. 1 and 2, in the Social Services Act, offer the foster family a training course in foster care.

Paragraph 8. The Minister for Social Affairs and the Minister for Social Affairs may lay down detailed rules on the organisation of approval and on the obligations of the social security commitments in the context of the approval.

§ 6. It is a condition for the approval of the social offer that the tender after a comprehensive assessment has the required quality.

Paragraph 2. The quality of the tents shall be assessed in the following themes :

1) Education and employment.

2) Independence and relationships.

3) Target groups, methods and results.

4) Organization and management.

5) Competencies.

6) Finance.

7) Physical frames.

Paragraph 3. The Social and Integration Minister shall lay down detailed rules on the evaluation of the quality of the tenders, including in the form of the criteria and indicators for each of the quality tests, see it in accordance with the rules and conditions of the quality test. paragraph 2.

Operations-oriented supervision

§ 7. The Social Welfare is conducting business-oriented supervision of social offers to ensure that the tenders continue to have the required quality, cf. § 6. In the context of the operational supervision, the social supervision must also monitor the situation in the tender and enter into dialogue with the tender, which will contribute to the maintenance and development of the quality of the tender.

Paragraph 2. The social supervision must, at the time of the surveillance of the supervisory task, obtain relevant information, including :

1) to report and unannounced review visits to the tender,

2) obtain information from the tender, including the latest annual report of the tender, cf. § 12, paragraph 1. 3,

3) obtain information about the tender from the municipalities responsible for the stay of the individual citizens in the tender in accordance with the Law of Social Services, cf. Section 9-9 b in the law of legal security and administration in the social field, and

4) obtain information from employees and citizens in the tender, as well as from other relevant people.

Paragraph 3. In the context of ongoing operations, the social supervision must visit all included offers, cf. section 4, at least once a year. The Social Services must make a practical assessment of the need for the number of supervising visits to each tender.

Paragraph 4. The Social and Integration Minister shall lay down detailed rules on the conditions to be involved in the operation of the operation of the operation.

§ 8. The Social Affairs Committee must take a decision on tighter supervision when the situation in each tender is attributatised to it. Decision on tighter surveillance shall be taken for three months at a time and shall be reported on the Quote Portal. In the context of a decision to tightened supervision, the social supervision must issue an injunction, cf. paragraph 2.

Paragraph 2. The Social Affairs Committee may decide to grant injuns, where compliance can be made subject to a condition for continued approval. The Social Affairs Committee must set a time limit for the observance of a contract.

Paragraph 3. The Minister for Social Affairs and the Minister for Social Affairs are setting out more detailed rules on tighter supervision and when they can be made to make a point of opening up.

§ 9. The Social Affairs Committee must prepare an annual report on the quality of the tenders. The conclusions of the report shall be included in the discussions on the framework agreement in the social field and the general housing area, which is to be concluded annually between the local authorities in the region and the region of the region, cf. Section 6 of the Social Services Act.

Paragraph 2. The Social and Integration Minister shall lay down detailed rules on the conditions to be set out in the annual report.

§ 10. If the social supervision is attentive to a worrying situation in an offer, the social supervision must notify the municipalities that are responsible for the stay of the individual citizens in the tender in accordance with the Law of Social Services, cf. Section 9-9 b, in the law on legal security and administration in the social field, when these citizens may be affected.

§ 11. Social supervision must have a telephone number and an e-mail address, to which a number of people, residents, relatives and others can address themselves anonymously about worrying conditions in the tender. The social supervision must inform residents and employees of the possibility of making representations to the social supervision after this provision.

Paragraph 2. Authorities and persons who perform tasks in accordance with paragraph 1. 1, and anyone who, by the way, provides assistance for this purpose shall, under the responsibility of the penal code section, section 152-152 e professional secrecy in respect of any information they are aware of. Penal code section 152 of the penal code shall also apply.

Paragraph 3. The social supervision must not, in the light of the tender or any other information, be informed that it has received a request in accordance with paragraph 1. 1.

Chapter 3

Quotations

Information to be required to provide information

§ 12. The applicant for approval pursuant to Article 5 shall be required for the assessment of the application to grant social supervision the professional, organisational and financial information of the tender, as requested by the social supervision.

Paragraph 2. Offer approved in accordance with section 5 shall :

1) of its own operation, provide social supervision of significant changes in relation to the approval base,

2) at the request of the social supervision, information on which municipalities are responsible for providing assistance to citizens who have a stay in the tender, cf. Section 9-9 b in the law of legal security and administration in the social field, and

3) at the request of the social supervision, the information necessary for the operation of the social supervision may be carried out on the operation of the operation.

Paragraph 3. Quotation covered by Section 4 (4). 1, no. 2 and 3 approved in accordance with section 5 shall draw up an annual report on the activities of the tender.

Paragraph 4. The Social and Integration Minister shall lay down detailed rules on the obligation to provide information in accordance with paragraph 1. 1-3.

Statutes of the Offering

§ 13. Private offers, which are not organized as a single-person company, must have a statute.

Paragraph 2. The attachment must include :

1) Indication of name, location and purpose.

2) The size of the equity in the creation and the manner in which it has been paid (in cash or in values).

3) Designate management and management responsibilities, responsibilities and dispositions of the management of third parties.

4) Rules on liability for debt obligations.

5) Rules on how to deal with the offer in terms of budgeting, accounting and auditing.

6) Procedures for amending regulations.

7) Rules applicable to the use of capital in the event of decommissioning.

8) Rules on the composition of the board.

Paragraph 3. The Social Affairs Committee shall ensure that the statutes meet the requirements of paragraph 1. 2.

Quotations Management Board

§ 14. The head of the private offer, his spouse or persons associated with the persons who have been mentioned in a suspension or descending line or sidebar are as close as siblings, cannot constitute a board of directors. The Management Board shall be groused in such a way that at least one member is independent of the director of the offer, and the leader may not have the voting rights on the board.

Paragraph 2. Social supervision can only be approved by limited liability company or liability company if the company has a management board meeting the conditions laid down in paragraph 1. 1.

Offer Created as Funds

§ 15. In the case of tenders established as funds exempted from the law on funds and certain associations and the law of entrepreneur funds, the approval shall indicate that the place of residence, the settlement or treatment offer is legally established as a Fund under law, social service.

Paragraph 2. The Social Welfare approves the bylaws of the tender as funds.

Paragraph 3. These are acceptable if there is a clear separation between the economy of the founder and the fund of the fund, and whose social supervision estimates that the rules concerning the use of the Fund ' s assets will be terminated in accordance with the Fund ' s purpose.

Paragraph 4. The Fund's amendment and resolution of the Fund must be approved by the Civilica.

Paragraph 5. The supervision of the social supervision of tenders, which has been created as funds exempt from the law on funds and certain associations, shall include the supervision of,

1) on the financial provisions of the Fund, in accordance with the statutes and with the basis of the approval, and

2) whether the fund is in compliance with the requirements of the legislation in the matter of accounting and auditing.

Paragraph 6. The Social Protection Agency shall inform the Civil Service, cf. paragraph 4, on the cessation of an offer established as a fund.

The budget of the tendered

§ 16. Offer as referred to in section 4 (4). 1, no. 2 and 3 (3) seeking approval or approved must, as a basis for the approval and operation of the operation, to draw up a budget for the performance of the tasks under the Social Services Act, to be approved by : Social supervision.

Paragraph 2. For private groups and group-like constructs, cf. Section 2 (2). 4, the budget must be drawn up, cf. paragraph 1, both for the individual tenders and for the overall group, including, inter alia, the cash flow between the individual parts of the group must be specified. It is a prerequisite for the approval of the budget, cf. paragraph 1 that the billing between the quotation and other entities within the group is done on market conditions.

Paragraph 3. The Social-and the Minister for Foreign Affairs can lay down detailed rules for the preparation and approval of the budget.

Accutents of accounts

§ 17. Private tenders shall be granted in accordance with the provisions of Title II of the annual accounting officer in accordance with the rules laid down in Title II of the annual accounting officer, unless otherwise provided by specific rules. If the balance sheet of the tender, net turnover and average number of employees exceeds limits specified in section 4 of the annual accounts bill, the annual accounts shall be taken into account in accordance with the provisions of Title III of the annual accounting officer.

Paragraph 2. The Social Security Council may make additional demands on the financial reporting of each offer, provided that, in exceptional cases, it is considered necessary to ensure adequate transparency in the tender's economy.

§ 18. Accounts for private tenders, as mentioned in Section 4 (2). 1, no. 2 and 3 shall be reviewed by an approved auditor. The audited financial statement shall be forwarded to the social supervision of information.

Paragraph 2. The audit shall be verified whether the accounts are correct whether the arrangements covered by the clearance of accounts are in accordance with the appropriations, laws, regulations and other provisions, as well as in agreements and practices, as well as on the subject of agreements, and whether there are any plans, the financial considerations shall be taken into account in the management of the funds and the operation of the tenders which are covered by the accounts.

Paragraph 3. The award of the award of the award shall be informed at the request of the social supervision of the conditions relating to the audit, which are of relevance to the social security assessment of whether the conditions for the approval have been met. Accountant must provide a Social-forward-looking message if the auditor at the audit establishes the conditions that give the auditor any doubts as to the fulfils of the conditions for the approval.

Paragraph 4. The Social-and the Minister for Integration may lay down detailed rules on the organisation of the audit and content.

The tendering access of the tenders

§ 19. The decisions taken pursuant to this law may be subject to decisions by the tender or authorities of social security decisions, in accordance with the rules laid down in Chapter 10 of the Law on the Social Security and Social Affairs Act.

Information transmission of information

20. The release of information from an offer to the social supervision can be done without the consent of the citizen, when the transfer is necessary for the operation of the operations oriented.

Chapter 4

Collaboration, Supply Portal, and financing

Collaboration

§ 21. The Social and Integration Minister may lay down detailed rules on communication between the social supervision, the tenders, the municipalities, the regions and the Social Services Committee. In this context, the Minister may lay down rules that communication should be digitally, and about the use of specific IT systems, special digital formats and digital signature el.similar. The Minister can also lay down rules to exempt bids or from digital communication when special circumstances speak for it.

Quote Portal

§ 22. The Social Welfare must record information on the Quote Portal, cf. Section 14 of the Social Services Act, on Offerings covered by Section 4 (2). 1.

Paragraph 2. This information shall include, inter alia,

1) the approval of tenders ;

2) the current status of the tender in relation to the approval, including information on possible conditions, injunction and supervision, and

3) the results of the supervision of an offer.

Paragraph 3. The Social and Integration Minister shall lay down detailed rules on the reports referred to in paragraph 1. 1.

Funding of Social Services

-23. The operation of the social security services shall be financed by the municipalities according to objective criteria, cf. paragraph 2, and at the collection of cost-based tariffs for approval and operational prudential supervision, cf. paragraph 3.

Paragraph 2. The tasks related to the approval and supervision of generally approved care families and municipal foster families, cf. Section 4 (4). 1, no. 1, shall be financed by the municipalities in each region according to objective criteria.

Paragraph 3. For the tasks in connection with the approval and supervision of tenders in accordance with section 4 (2). 1, no. 2 and 3, social supervision rates for approval and charges for the supervision which are charged with the quotes included. The rates shall be differentiated according to the size of the tender and the scope of the tender, and a special tariff shall be determined in accordance with the approval of major amendments to existing approvals.

Paragraph 4. Where the social supervision performs other tasks for municipalities, regional councils or offers other than those specified in section 2, the costs shall be covered by the relevant municipality or region or offer on the basis of the specific agreement.

Paragraph 5. In 2014 and 2015, the social supervision can take place in 2014 and 2015 expenditure on the establishment of the supervisory establishment before the entry into force of the law in the objective financing units, cf. paragraph 2.

Paragraph 6. The Social and Integration Minister shall lay down detailed rules on financing, including about the collection and calculation of the financing units and on the setting up of establishment expenses, cf. paragraph 5.

Chapter 5

Social monitoring tasks for the social security services

§ 24. The Social Services Board shall follow on-going practices and carry out random checks and support the performance of the approval and surveillance task with relevant guidance and material, etc., and the Social Services Committee shall draw up an annual report on : the company of social services.

Paragraph 2. The Social Services shall, at the request of the Social Services (Social Services), provide and submit the information requested by the Social Services Agency.

Chapter 6

Entry into force and transitional provisions

§ 25. The law shall enter into force on 1. January 2014.

SECTION 26. Foster families and municipal care families approved as a general suitable for the entry into force of the law, as well as the offer covered by Section 4 (2). 1, no. 2, which was accepted at the Supply Portal at the entry into force of the law, shall be approved in accordance with the rules laid down in this Act before 1. January 2016. Offer as referred to in section 4 (4). 1, no. 3 which part of the municipal supply in the entry into force of the law must be approved in accordance with the rules laid down in this Act before 1. January 2016. The approval must take place on the social initiative's own initiative or at the request of the individual tender.

Paragraph 2. The social offer covered by Article 4 is subject to operational control, cf. Section 7, from the law into force. The operations-oriented supervision of tenders referred to in section 4 (2). 1, no. However, 3, the local authority after Section 151 of the Social Services Act, until the Social Services has taken a decision on whether or not the specific offer is covered by Section 4 (2). 2. the visual inspection that takes place in the context of the approval of tenders in accordance with the rules laid down in this law during the period from the entry into force of the Act until 1. In January 2016, the requirement for at least one annual surveillance visit shall be paid in accordance with section 7 (2). 3, in the year in question.

§ 27. The local authorities referred to in section 2 (2). Two, take over by. 1. In January 2014, the staff, as in the region or in the municipalities in the region or in the region, are mainly involved in the task of transferring to the municipalities referred to in section 2 (2). 2.

Paragraph 2. The duties and rights arising from the rule of law on the transferability of workers shall apply by analogy to staff employed in accordance with collective agreements, regulations on wages and working conditions laid down ; or approved by the public authority or by individual agreements, and as in the case of transfers under paragraph 1. Paragraph 1 shall not be subject to the rule of law on the transferability of workers.

Paragraph 3. Officials have a duty to comply with the new employment authority on conditions corresponding to the existing conditions. The new hire authority shall pay the total official pension, as the pension burden is proportionate between the two function authorities.

§ 28. The law does not apply to the Faroe Islands and Greenland.

Givet at Christiansborg Castle, the 12th. June 2013

Under Our Royal Hand and Segl

MARGRETHE R.

/ Karen Vengeup